Evictions Attorney Kane County – MDR Law Office – Call 630-402-0850
Our skilled tenant-landlord attorneys offer the expertise you’ll need to effectively handle any aspect of an eviction or dispute involving residential or commercial properties. Whatever the specifics of the tenant-landlord situation you’re dealing with may be, an Evictions Attorney Kane County at MDR Law Office will protect your interests and fight for the best possible outcome to your legal matter.
A Look at the Eviction Process in the State of Illinois – Evictions Attorney Kane County
When it comes to evicting a tenant from a rental property, the initial step in the process is the preparation of a proper eviction notice. The length of an eviction notice depends upon the reasons for the eviction. The length of the notice can be:
-Five days notice for failing to pay the rent.
-Ten days for violating other terms of the lease.
-Thirty days for terminating a month-to-month agreement.
The following step in the eviction process involves properly serving the notice of eviction to the tenant via certified mail or hand delivery. Alternatively, the landlord can simply post the notice upon the door of the property at issue.
The landlord next files a complaint for an eviction with the appropriate court and serves the complaint to the tenant. Lastly, the landlord appears at a hearing on the date stated upon the summons. At the hearing, the landlord proves that they complied with proper procedures for an eviction. If the court proceeds with an order of eviction and yet the tenant does not vacate the property, the landlord can request that the sheriff’s department proceeds with physical removal.
Involved in a Landlord-Tenant Dispute? Get Helpful Legal Advice from an Evictions Attorney Kane County at MDR Law Office – Call 630-402-0850
There are specific procedures that landlords must adhere to in order to legally accomplish eviction of a tenant. If you’re a landlord and have not been through an eviction proceeding before, or are involved in a complicated case, it’s in your interests to consult with an Eviction Attorney Kane County.
Tenants, according to the Fair Housing Act, should not be subject to discrimination due to their race, gender, disability, religion or nationality. While the laws that govern tenancy can differ from one state to the next, all tenants have a right to a safe and habitable space with functioning necessities such as heat, electricity and clean water.
When tenants should considering an Evictions Attorney Kane County:
Before to contacting an Evictions Attorney Kane County, a tenant’s first step is to mail a letter of demands to their landlord. A demand letter explains which demands should be met by a specific date. Additionally, it states that the tenant will pursue legal actions against the landlord if the landlord does not meet the demands on schedule. The demand letter might be sufficient to encourage the landlord to take the necessary actions and prevent the need to take matters to court. Talk with an Evictions Attorney Kane County at 630-402-0850 about the requirements for suing a landlord in the state of Illinois.
Some signs that a tenant at a rental property should seek legal advice from an Evictions Attorney Kane County include:
-The landlord is not providing a living space that is safe and habitable. In the event your landlord is not responding to your demand letter in a timely fashion or refuses to repair the issues you list in the letter, consider calling our law office. Some properties require safety features such as fire extinguishers, smoke detectors and deadbolt locks. An Evictions Attorney Kane County can inform you on which features your home should legally have in order to be “livable” in Illinois.
-If a landlord withholds a damage deposit from you. Landlords can come up with lots of reasons to avoid returning your deposit. For example, if your washing machine malfunctions, or perhaps the landlord requests that you apply a fresh coat of paint to a room. If you pay to repair the washing machine or pay for paint and supplies out your own pocket, the landlord should reimburse those costs.
*MDR Law Office – Lawyer for Real Estate Transactions, Evictions, Foreclosures – Call 630-402-0850
Make it a point to retain any receipts in the event your landlord asks you to do or pay for repairs. The landlord could reimburse you through a deduction to your rent payment. However, they should use an account that is separate from their personal account when it comes to handling a rental property.
Some states mandate that landlords return damage deposits within thirty days after a tenant vacates the rental property. Landlords may withhold the deposit if a tenant causes damages to the rental unit or leaves it messy. Be sure to take pictures and document the condition of the rental unit when you first move in to prevent any disagreements regarding damages. Keep accurate records of any repairs done while you’re living there. Also, you can request that the landlord provide you with an itemized listing of things for which they would deduct from your damage deposit.
According to state law, your landlord should pay interest upon your security deposit in the event it’s held for six months or more and if there are a minimum of 25 units in your apartment building.
Returning a Security Deposit
Landlords, as the Illinois Security Deposit Return Act requires, must return a tenant’s complete security deposit within 45 days of moving out if:
-The complex or apartment building consists of 5 or more units.
-The tenant does not owe back rent.
-No damages were done to the unit.
-The tenant cleaned the unit before leaving.
-If the landlord attempts eviction without providing proper notification. Landlords must obtain a court ordered notice to proceed with a legal eviction. The initial notice serves to instruct the tenant to vacate the property. It should state the landlord’s reasons for eviction and a date by which the tenant must leave.
*Affordable Resolutions to Landlord-Tenant Disputes – MDR Law Office – Call for a Consultation with an Evictions Attorney Kane County at 630-402-0850
Reasons for a landlord to evict a tenant include:
-Failure to pay rent.
-The lease or rental agreement expires.
-For violating terms of the agreement.
-Causing significant damages to the rental property.
Even after obtaining an eviction notice, a landlord may not force a tenant to leave. Only a court bailiff or law enforcement officer from the local Sheriff’s department can legally force a tenant to physically exit a property.
Evictions Attorney Kane County – MDL Law Office – Call 630-402-0850
Our law office has extensive experience resolving disputes between landlords and tenants. If you are a landlord, for instance, and need assistance navigating the eviction procedures, contact our offices for a consultation. Besides our expertise in evictions, we can also identify alternative possible solutions that in some cases can be more cost-effective. An Evictions Attorney Kane County can analyze your specific situation, your practical options and provide you with useful advice. Actions to get your rental property back can include:
-Negotiating a mutual release agreement in the event the best option is releasing claims on each side without doing an eviction.
-Properly completing all the steps necessary for a legal, timely eviction while protecting your best interests.
If you’re involved in a dispute regarding a landlord-tenant situation, getting legal advice can help you resolve matters affordably. Contact our law office for a free consultation with an Evictions Attorney Kane County at 630-402-0850.